Trump's Delay on Signing Key Transition Documents Could Cost His Allies Roles in His Administration, Senator Warns

As President-elect Donald Trump prepares for his inauguration on January 20, 2025, his delay in signing critical ethics and transparency agreements is sparking significant concerns. The holdup could jeopardize the confirmation of his cabinet picks and other key administration roles, according to lawmakers and experts.

"This delay raises serious questions about the readiness of the incoming administration and whether these nominees can proceed without the necessary background checks," said Senator Tim Kaine (D-Va.), a senior member of the Senate Armed Services Committee. "If there is a lack of proper investigation into a nominee, I don't think the committee would allow the nomination to move forward."

The risk to Trump's allies

The unsigned agreements have left Trump's transition team unable to access secure email servers, coordinate with federal agencies, or request FBI background checks for nominees—a standard protocol for ensuring the ethical and security qualifications of those tapped for high-level government positions.

One prominent example is Robert F. Kennedy Jr., Trump's choice to lead the Department of Health and Human Services (HHS). Kennedy's advisers attempted multiple times to contact HHS officials to initiate a smooth handover but were rebuffed due to the lack of formal agreements.

"The inability to engage with agencies at this level raises significant red flags," said an administration official familiar with the matter, who spoke to Politico, on condition of anonymity.

Without these agreements, Trump's nominees are gaining no more insight into the workings of federal agencies than the general public. Defense Secretary nominee Pete Hegseth, for example, could face additional scrutiny after recent revelations of alleged ethical concerns.

Potential Fallout

The delay could have wide-ranging consequences for the upcoming Trump's administration. Key Senate committees have indicated they will not proceed with confirmation hearings without completed background checks. Senator Roger Wicker (R-Miss.) stressed the importance of adhering to established protocols, stating, "We need to do it by the numbers."

Yet, some within Trump's team appear unbothered by the delay.

A Republican familiar with the transition suggested that avoiding federal oversight allows the team to organize on their own terms. "They don't need the hassle," the source said, adding that using private funds rather than public money gives the team more flexibility.

However, this approach has drawn criticism from ethics experts who worry about potential conflicts of interest. Richard Painter, former chief White House ethics lawyer under President George W. Bush, voiced his concerns: "Until they sign this agreement, they're not yet government employees. They can do anything they want. They could have any conflicts of interest they want."

National Security Concerns

The delay also poses risks to national security. Without formal agreements in place, Trump's team cannot access classified information or conduct reviews of ongoing operations, including those involving conflicts in Ukraine and the Middle East.

The 9/11 Commission previously highlighted how delayed transition planning after the 2000 election may have contributed to national security vulnerabilities. Experts fear a similar scenario could unfold if the Trump team continues to forgo formal transition protocols.

Despite the challenges, the Biden administration has expressed willingness to support Trump's team to ensure a smooth transfer of power. Officials have privately urged Trump's lawyers to sign the necessary agreements, stressing the importance of preparedness for the incoming administration.

"The public deserves to know that the incoming administration is prepared to handle the nation's most sensitive issues from Day One," said Valerie Smith Boyd, director of the Center for Presidential Transition. "This delay undermines that confidence."